Video made of rental property showing everything I own!!

MultiFuelBurner

lookstraightahead said:

This is a really interesting thread law-wise. I'm really not an expert but I'm shocked that it appears to be legal. Looking around my house, if someone came in and I wasn't expecting them to be videoing, i would have all sorts around that shoe it to be me / my family. From photos to letters to notes on the fridge to my monthly food budget on a blackboard in the kitchen. 

Why would you not expect them, notice would have to be given.

I mean even in the OP's case I would have removed any personal items or locked them away as the letting agent and any number of people viewing had access on the day they arranged.

lookstraightahead

MultiFuelBurner said:

lookstraightahead said:

This is a really interesting thread law-wise. I'm really not an expert but I'm shocked that it appears to be legal. Looking around my house, if someone came in and I wasn't expecting them to be videoing, i would have all sorts around that shoe it to be me / my family. From photos to letters to notes on the fridge to my monthly food budget on a blackboard in the kitchen. 

Why would you not expect them, notice would have to be given.

I mean even in the OP's case I would have removed any personal items or locked them away as the letting agent and any number of people viewing had access on the day they arranged.

Not really, I wouldn't have taken my photos off the walls for viewings, as I would be only allowing access for viewings.
I guess what I'm saying is that permission hadn't been granted for entry to do videos. In the sane way that if I'd granted someone could come in to mend the fridge, I wouldn't expect a video of my house on they're Facebook page afterwards. 

CSI_Yorkshire

lookstraightahead said:

MultiFuelBurner said:

lookstraightahead said:

This is a really interesting thread law-wise. I'm really not an expert but I'm shocked that it appears to be legal. Looking around my house, if someone came in and I wasn't expecting them to be videoing, i would have all sorts around that shoe it to be me / my family. From photos to letters to notes on the fridge to my monthly food budget on a blackboard in the kitchen. 

Why would you not expect them, notice would have to be given.

I mean even in the OP's case I would have removed any personal items or locked them away as the letting agent and any number of people viewing had access on the day they arranged.

Not really, I wouldn't have taken my photos off the walls for viewings, as I would be only allowing access for viewings.
I guess what I'm saying is that permission hadn't been granted for entry to do videos. In the sane way that if I'd granted someone could come in to mend the fridge, I wouldn't expect a video of my house on they're Facebook page afterwards. 

Not the same thing at all.  It could be broadly accepted that someone doing a house viewing would be looking at, photographing or recording the whole house - it's becoming quite common for prospective buyers to do that for reference.  It's harder to demonstrate a strict legal privacy concern if you would let someone look at something but not photograph it - not impossible of course, and privacy is not necessarily the only concern.

It wouldn't be expected that someone mending the fridge would be photographing or videoing anything other than the fridge.  Them posting before and after photographs of the repair on their facebook page would be a similar comparison, and many people would consider that acceptable.

[Deleted User]

The issue seems to be that the LL/Agent didn't inform about the video.
I think it would actually benefit the OP as it's likely to reduce the number of actual viewings whilst they're still resident.  

35har1old

BobT36 said:

MultiFuelBurner said:

pennyunwise said:

Hi, I am moving out of a rented property and the managing agent has asked if they can do viewings on a certain day to re-let the property - no problem.

I have now become aware that they have made a video of the property showing all my possessions without asking my permission. Where do I stand? - I'm not happy about having everything I own shown online.

We have a section in ours regarding access and photographs to market the property for rent or for sale in the last 2 months of the tenancy. 

Unenforceable if challenged, surely? Doesn't benefit the tenant (one-sided) and conflicts with the right to quiet enjoyment of the property. There's no difference to the last 2 weeks to any other time in the tenancy, such access PURELY for that is irrelevant to the tenant and THEIR tenancy. 

Some people have a lot of specialist expensive equipment, jewellery or whatever and wouldn't want that shown off to all and sundry. 

BobT36 said:

MultiFuelBurner said:

pennyunwise said:

Hi, I am moving out of a rented property and the managing agent has asked if they can do viewings on a certain day to re-let the property - no problem.

I have now become aware that they have made a video of the property showing all my possessions without asking my permission. Where do I stand? - I'm not happy about having everything I own shown online.

We have a section in ours regarding access and photographs to market the property for rent or for sale in the last 2 months of the tenancy. 

Unenforceable if challenged, surely? Doesn't benefit the tenant (one-sided) and conflicts with the right to quiet enjoyment of the property. There's no difference to the last 2 weeks to any other time in the tenancy, such access PURELY for that is irrelevant to the tenant and THEIR tenancy. 

Some people have a lot of specialist expensive equipment, jewellery or whatever and wouldn't want that shown off to all and sundry. 

Quite enjoyment
They didn't just turn up with out notice the tenant was aware of the visit before hand doesn't infringe the above.
Nor was there any building work started or denial of utilities  or harassment and not carrying out repairs which is the main meaning of Quite enjoyment. 
No examples given of the taking of video as being a infringement  of Quite enjoyment. 
At the start of the tenancy there would be photos and possibly  a video and throughout the tenancy there are checks made to check that tenant has not broken the terms of the agreement with photos taken for comparison 

BobT36

35har1old said:

BobT36 said:

MultiFuelBurner said:

pennyunwise said:

Hi, I am moving out of a rented property and the managing agent has asked if they can do viewings on a certain day to re-let the property - no problem.

I have now become aware that they have made a video of the property showing all my possessions without asking my permission. Where do I stand? - I'm not happy about having everything I own shown online.

We have a section in ours regarding access and photographs to market the property for rent or for sale in the last 2 months of the tenancy. 

Unenforceable if challenged, surely? Doesn't benefit the tenant (one-sided) and conflicts with the right to quiet enjoyment of the property. There's no difference to the last 2 weeks to any other time in the tenancy, such access PURELY for that is irrelevant to the tenant and THEIR tenancy. 

Some people have a lot of specialist expensive equipment, jewellery or whatever and wouldn't want that shown off to all and sundry. 

Quite enjoyment
They didn't just turn up with out notice the tenant was aware of the visit before hand doesn't infringe the above.
Nor was there any building work started or denial of utilities  or harassment and not carrying out repairs which is the main meaning of Quite enjoyment. 
No examples given of the taking of video as being a infringement  of Quite enjoyment. 
At the start of the tenancy there would be photos and possibly  a video and throughout the tenancy there are checks made to check that tenant has not broken the terms of the agreement with photos taken for comparison 

You're getting mixed up. That was directly in reply to MultiFuelBurner's scenario that they include it in their tenancy contracts that the tenant HAS to let someone in to view / take pictures etc in the last x weeks. 

@MultiFuelBurner I don't get it, so if it's not a big deal and you never used that clause, why include it? You can't just contract away a tenant's statutory rights, and forcing them into that also makes it a one-sided contract (unfair). Having a "laugh", well I see it as daft as you writing in that you can take any amount of additional fees that you see fit, etc, which is also prohibited. 

If a tenant was asked, AND they agreed, ad-hoc (as per this thread, besides the video'ing) then I don't see a problem. However I would take issue if it was attempted to be "forced". Your void period is not the tenant's problem, it's THEIR "home" and they have a right to quiet enjoyment until the end of their tenancy. Unless they're negotiating an early release or something, I can't see how having to allow viewings or pictures etc benefits the tenant at all, so I don't see why that has to be part of the contract, rather than simple negotiation.

ThisIsWeird

MobileSaver said:

ThisIsWeird said:

BobT36 said:

MultiFuelBurner said:

We have a section in ours regarding access and photographs to market the property for rent or for sale in the last 2 months of the tenancy. 

Unenforceable if challenged, surely? Doesn't benefit the tenant (one-sided) and conflicts with the right to quiet enjoyment of the property. There's no difference to the last 2 weeks to any other time in the tenancy, such access PURELY for that is irrelevant to the tenant and THEIR tenancy.

The implication here would seem to be - there is little point in 'contracts', .... Don't bother signing any contracts - they are meaningless in themselves

Not at all, contracts are the cornerstone of our society and should and mostly do make it clear to both parties what their rights, responsibilities and obligations are.

Fundamentally though contracts cannot override the law so where a contract tries to curtail your statutory rights then that part of the contract is unenforceable.

I agree. I was taking Bob's previous comment to its logical conclusion to highlight my disagreement with it.

MultiFuelBurner

As always everyday is a learning day so I delved a little further

https://theaiic.co.uk/blog/2022/05/inspection-photos-and-gdpr/

Written signed consent appears to be required. As our inspections and re marketing of properties is covered by a custom section in our tenancy agreements (signed by the tenants) we see ourselves covered.

The communication come inspection/marketing time directs the tenant back to their signed AST.

CSI_Yorkshire

MultiFuelBurner said:

As always everyday is a learning day so I delved a little further

https://theaiic.co.uk/blog/2022/05/inspection-photos-and-gdpr/

Written signed consent appears to be required. As our inspections and re marketing of properties is covered by a custom section in our tenancy agreements (signed by the tenants) we see ourselves covered.

The communication come inspection/marketing time directs the tenant back to their signed AST.

That seems to be another example  of a company assuming/claiming GDPR covers a whole load of information that it does not.

Or more likely perhaps, a company who knows that someone else who doesn't know the scope of GDPR may try to complain and is covering their own behind.

MultiFuelBurner

Hey we are all learning, trying to cover our backs.

The reality is we don't insist on inspections and never take photos during inspections unless it's of damage to show a tradesman to repair.

As stated earlier in the thread very rare we need to take photos for marketing of the property near tenancy end as they normally go by word of mouth